Hi everyone, I’ve been having issues with Harland/CRS and have had a few correspondence go back and forth with the help of this forum but I’m a little stuck with what to do next now and would love some advice. I appreciate that this is a little long winded but I didn’t want to leave anything important out…
The story so far;
After visiting Hone Gym is and chatting to a staff member they informed me that I could pay £20 for a months membership with no obligation, I made what I believed to be a one off payment with the website being what I perceive now to be heavily misleading. I didn’t realise until 9 months later that they had continued to deduct £20 from my account every month. I immediately cancelled the DD, had my bank raise an indemnity claim and thought no more about it.
Roughly a month later on the 23/07/15 I received a letter from Harlands stating I had ignored their first letter (which I never received) and that the £179.91 that had been refunded was now £204.91 to include their admin fees. I replied with the following;
Re; Hone Gym Membership
Ref No: edited
Regarding your statement that a letter dated 3rd of July was sent to me at my address, no letter was received. Please forward a copy of this letter.
An indemnity claim was made as I had only authorised one payment to be debited from my account, not nine.
The Hone Gym website has demonstrably been updated a number of times and has subsequently changed its wording to make it clear that further payments will be automatically debited. This was not the case when I approved a registration payment and a one month membership payment to be taken and goes against what I was told by senior staff at the gym. Namely, that I would have to action the payment each month and that I would receive a new pin for entry.
As I was provided with misleading information regarding the ongoing deduction of funds from my account and the terms of the membership I consider this to be a breach of Section 5, CPUTR 2008.
Please respond within 14 days or a complaint to the OFT will be made without further notice.
On 14/08/15 CRS sent a letter covered in bold red lettering stating they’d been employed by Harlands and I now owed £278.68.
This was my reply;
Dear Mr Avery
Re; CRS Ref No: edited
Harlands Ref. No:edited
As I stated in my previous letter, the information provided to me both on the website and by staff members in the gym was misleading. I did not authorise the ongoing deduction of funds from my account after the first month and I consider this to be a breach of Section 5, CPUTR 2008.
Firstly, with reference to the above account, I request that you send me a true copy of the credit agreement, signed by Daniel Johnson and entitled “IMPORTANT: PLEASE READ CAREFULLY”.
I understand that this is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and am entitled to receive a copy of my credit agreement on request.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Also, since you are a debt collection agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.
In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :
1. True copy of original credit agreement
2. Statement of account
3. Copy of the executed deed of assignment from Hones Gym to Credit Resolution Services
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Secondly, I draw your attention to the OFT guidelines on debt collection:
Charging for debt collection
2.9 Charges should not be levied unfairly.
2.10 Examples of unfair practices are as follows:
a. Claiming collection costs from a debtor in the absence of express contractual or other legal provision.
b. misleading debtors into believing they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision
d. applying unreasonable charges, for example, charges not based on actual and necessary costs
e. applying charges which are disproportionate to the main debt.
I consider your charge of £73.77 to be disproportionate to the main debt and not based on actual and necessary costs.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested and consider this matter to be “in dispute”.
Thanks in advance and I hope to hear from you within the statutory time limit.
I look forward to hearing from you.
On 12/09/15 I received this reply.
Where can I go from here? I’m starting my second year of uni this week so really don’t need the stress and can’t afford the expense of just paying out. I appreciate that I could have been a little more thorough in reading through the documentation but took the staff at their word which was in keeping with the misleading wording of the website…
Any advice would be hugely appreciated,